Are You Facing Theft Charges (Commonwealth)?
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Have You Been Charged with Commonwealth Theft?
Commonwealth Theft, under Section 131.1 of the Criminal Code Act 1995, involves the dishonest appropriation of property belonging to a Commonwealth entity with the intent to permanently deprive the entity of that property.
To prove the offence, the prosecution must establish that the accused acted dishonestly, took property that was owned by a Commonwealth body, and intended to permanently take it away.
What must the prosecution prove?
To secure a conviction for Commonwealth Theft, the prosecution must establish that:
- You dishonestly appropriated property belonging to another.
- You had the intention of permanently depriving the other party of the property.
- The property belonged to a Commonwealth entity.
Penalty for Commonwealth theft:
If convicted of Commonwealth Theft, the maximum penalty is 10 years imprisonment. This is a serious offence, and the consequences can be severe, particularly if the value of the stolen property is substantial.
Where Will My Case Be Heard?
The court in which your case will be heard depends on the value of the property involved:
- For cases involving property valued at less than $100,000, the charge will likely be heard in the Magistrates’ Court.
- If the value exceeds $100,000, the matter may be heard in either the County Court or the Supreme Court.
Factors and defences to consider:
- Did you intentionally steal from the Commonwealth?
- Do you have a legal claim to the property alleged to be stollen?
- Did you receive consent to take the property?
- Were you mistaken in believing you had permission to take the property?
- What was the property?
- Was the property identifiable as belonging to the commonwealth?
- Did you act alone or with others?
- What were the surrounding circumstances of this offence?
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What happens next?
Facing a charge of Commonwealth Theft requires immediate legal action. Contact an experienced criminal lawyer at MK Law as soon as possible to ensure there is sufficient time to prepare a robust defence.
Your lawyer will assess whether the prosecution can prove the required elements and explore any potential defences, such as a lack of dishonest intent or a mistake of fact regarding ownership of the property.
At MK Law, we specialise in defending serious criminal charges, including Commonwealth Theft, and can provide expert guidance and representation.
Do not delay, call 1800 130 120 today.
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